[Amended 5-27-2008 by L.L. No. 33-2008]
A.
The Town Board of the Town of Southampton hereby finds
and declares it to be the public policy of the Town to minimize the
visual and environmental impacts of wireless communications facilities
in the process of allowing for adequate and nondiscriminatory wireless
service throughout the Town in accordance with the Federal Telecommunications
Act of 1996.
B.
To achieve these goals, the Town of Southampton shall,
by way of this article, seek to promote wireless facilities that are
compatible with surrounding land uses and that protect and retain
the attractiveness, health, safety, general welfare and property values
of the community by establishing standards for the location, siting,
design and vegetative screening of communication antennas, communication
buildings, towers and alternative transmission support structures.
C.
It is also intended that this article be applied to
further a proactive and comprehensive approach to providing wireless
infrastructure throughout the Town of Southampton by providing opportunities
for the installation of wireless communication facilities on Town-owned
property and within Town-owned rights-of-way to foster economic development,
streamline emergency and municipal services and offset municipal costs.
D.
Based on the intentions listed above, the goals of
the following sections are to:
(1)
Encourage the use of existing structures, including,
but not limited to, rooftops, utility poles, steeples, flagpoles or
other unobtrusive alternative support structures for deploying wireless
communications facilities;
(2)
Encourage the use of municipal lands, public and quasi-public
spaces for wireless deployment, provided any such installation is
visually compatible with the objectives of this article;
(3)
Expedite the review process for those applications
choosing the least intrusive alternative for deploying wireless communications
facilities.
As used in this article, the following terms
shall have the meanings set forth below:
The following man-made structures: clock towers, bell towers,
church steeples, water towers, light poles, utility structures, elevated
roadways, bridges, flagpoles, warehouses, factories, windmills, barns,
silos, commercial buildings, commercial signs, multifamily buildings,
and publicly used structures such as police and fire stations, libraries,
community centers, civic centers, courthouses, churches, schools,
hospitals; and other similar structures as approved by the Planning
Board.
Any exterior transmitting or receiving device, including
whip (omnidirectional antenna), panel (directional antenna), disc
(parabolic antenna) or similar device, mounted on a tower, monopole,
building or structure and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signal, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals.
One or more antennas. The antenna array does not include
the mount as defined herein.
A person or entity with an application before the Town for
a permit for a wireless telecommunications facility.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
Ground-mounted equipment integral to the operation of an
antenna system. Base equipment typically includes, but is not limited
to, communications equipment cabinet/shelter, backup power supplies,
electric and telecommunications backboards, wiring, grounding loops,
equipment enclosures, security fencing and lighting. Base equipment
located in a discrete area is considered a "base station."
An antenna or wireless telecommunications facility that is
disguised, hidden, part of an existing or proposed structure or placed
within an existing or proposed structure.
A portable self-contained cell site that can be moved to
a location and set up to provide personal wireless communications
services on a temporary or emergency basis. A COW is normally vehicle-mounted
and contains a telescoping boom as the antenna support structure.
The use of a single mount on the ground by more than one
provider (vertical co-location) and/or several mounts on an existing
tower, building or structure by more than one carrier for the purpose
of transmitting and/or receiving radio frequency signals for communications
purposes.
An enclosed structure at the base of the mount within which
is housed the equipment for a wireless communications facility, such
as batteries and electrical equipment.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless communications facility. The fall zone is the area
within which there might be a potential hazard from falling debris
or collapsing material, including the transmission support structure.
The Federal Communications Commission.
A single pole structure used for the primary purpose for
the display of flag(s). Flagpole diameters range from three inches
to 12 inches depending on height. Flagpoles used for stealth telecommunications
installations are limited to 20 inches in diameter and 35 feet in
height.
A transmission support structure that is supported, in whole
or in part, by guy wire and ground anchors.
When referring to a tower or transmission support structure, the distance measured from the average preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna, lightening protection device or any other apparatus attached to the tower or transmission support structure. The definition of "height" for buildings or other structures shall refer to § 330-5.
A transmission support structure that has open-framed supports
on three or four sides and is constructed without guy wires and ground
anchors.
The reduction or elimination of visual impacts by the use
of one or more methods, including but not limited to concealment,
camouflage and disguise.
The addition, removal, or change of any of the physical and
visually discernable components or aspects of a wireless facility,
such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernable components, vehicular access, parking and/or an upgrade
or replacement of the equipment for better or more modern equipment.
Adding a new wireless carrier or service provider to a wireless communications
tower or site is a modification. A modification shall not include
ordinary maintenance, as defined herein. Modifications shall be classified
as major or minor.
[Amended 6-24-2008 by L.L. No. 39-2008]
MAJOR MODIFICATIONImprovements to existing wireless telecommunications facility or transmission support structure that result in a substantial change to the facility or structure. Co-location of new wireless telecommunications facilities to an existing transmission support structure without replacement of the structure shall not constitute a major modification. Major modifications include, but are not limited to, extending the height of the transmission support structure by more than 10 feet above its current height and/or the replacement of the structure. Major modification also includes the expansion of the base equipment or compound area for additional accessory equipment.
MINOR MODIFICATIONImprovements to existing wireless telecommunications facility or transmission support structure, that result in a material change to the facility or structure but of a level, quality or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, replacement of antennas and accessory equipment on a like-for-like basis within an existing wireless telecommunications facility and relocating the antennas of approved wireless telecommunications facilities to different height levels on an existing transmission support structure upon which they are currently located.
A freestanding transmission support structure consisting
of a single pole, without guy wires or ground anchors.
The structure or surface upon which antennas are mounted,
e.g.:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a Building.
INTERIOR-MOUNTED- Mounted within a building
or building appurtenance.
Non-ionizing electromagnetic radiation.
Ensuring that a wireless telecommunications facility and
transmission support structure are kept in good operating condition.
Ordinary maintenance includes inspections and testing to maintain
functionality, aesthetic and structural integrity. Ordinary maintenance
involves the normal repair of a wireless facility without adding,
removing, or changing anything and therefore does not include minor
and major modifications.
Any carrier or provider of wireless services.
Any use of buildings, structures or land owned, operated
and maintained by a municipality or government agency, including but
not restricted to public schools, fire stations, police stations,
recreation sites and facilities and water treatment facilities.
Someone with a background in electrical engineering or microwave
engineering who specializes in the study of radio frequencies.
The actual beam or radio waves sent and received by a wireless
facility. A signal is the deliberate product of a wireless antenna.
The RF radiation is the by-product.
Districts, locations, or sites identified as having historic
or architectural significance or through an ordinance, guideline,
map, listing, cultural assessment, designation or potential designation
by a local, state or federal government.
A wireless communication installation that is concealed,
camouflaged, or otherwise designed so that it does not appear to be
communications equipment, but instead is integrated as an architectural
feature or appears to be a part of the existing landscape so that
the purpose of the facility for providing wireless services is not
readily apparent to a casual observer.
The person or legal entity vested with ownership, equitable
ownership, dominion, or title to the wireless telecommunications facility,
transmission support structure or antenna.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
television, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopoles. The term includes radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
An area which exhibits outstanding or unique arrangements
of natural or man-made features, including water or water-related
features, land forms or vegetative patterns that provide inspiration,
hold interest and command the attention of the viewing public. Visual
resources can be of local, statewide or national importance and are
often a function of two perspectives: the view of a given location
and the view from a given location. Viewsheds include scenic corridors
(designated or eligible for nomination) and other areas of visual
interest identified in the 1999 Comprehensive Plan Update.
A branding term used to signify compliance with the IEEE
802.11b standard for wireless ethernet that is used to connect devices
such as computers together using a wireless connection. Instead of
computers being connected with network cables, signals are sent over
radio frequencies using wireless network cards and hubs.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange services, including, but not
limited to, voice, data, images or other information, cellular telephone
service, personal communications service (PCS), and paging service.
Antenna or transmission support structure and base station,
either individually or together, used for the provision of any wireless
service.
A.
All wireless communications facilities shall require a building permit in all cases, except as exempted in § 330-304. Wireless communications facilities which are not specifically exempt pursuant to § 330-304 shall comply with the provisions of this article as follows:
(2)
Any modified wireless communications facility that does not meet tiering requirements of § 330-305 shall be considered as a new wireless telecommunications facility and shall require special exception review as outlined in § 330-306 when the following conditions apply:
(a)
Modification of the terms of an existing special
exception approval by changing the wireless communications facility
in one or more of the following ways:
[1]
Change in the number of transmission support
structures permitted on the site;
[2]
Addition of equipment or additional height not specified in the original design filing and beyond that specified in § 330-305.
[3]
[1]Consolidation or merger of two or more existing transmission
support structures and associated antennas by constructing a new transmission
support structure at the same location to a height equal to or greater
than the existing height of the tallest existing transmission support
structure.
[1]
Editor's Note: Former Subsection A(2)(a)[3],
which contained provisions on a significant change in the level of
effective radiated power not initially specified, was repealed 6-24-2008
by L.L. No. 39-2008. This local law also renumbered former Subsection
A(2)(a)[4] as Subsection A(2)(a)[3].
B.
Location standards. Wireless communications facilities shall meet or exceed the following location standards, in addition to the applicable design and visual compatibility standards of §§ 330-307 and 330-308:
(1)
Opportunity sites. Wireless communications facilities
shall be located at one or more of the following opportunity sites:
(a)
Existing utility poles.
(b)
Existing LIPA transmission towers.
(c)
Existing public water tanks/towers.
(d)
Inside or concealed by steeples, cupolas or
similar architectural features of commercial or institutional buildings.
(e)
Rooftops of existing buildings in commercial
and industrial zones.
(f)
Existing structures in publicly owned rights-of-way
or similar public properties as identified by the Town of Southampton.
(g)
Flagpoles not exceeding 20 inches in diameter
and 35 feet in height within existing planted landscape islands on
public or private streets in residential zones, or as site amenities
on institutional, governmental or commercial properties.
(2)
Avoidance areas. New wireless communications facilities
shall not be located in the following avoidance areas:
(a)
Flood hazard zones.
(b)
Central Pine Barrens (Core Preservation Area),
unless approved by the Central Pine Barrens Joint Policy and Planning
Commission.
(c)
Agricultural lands and open space/greenbelt
areas, unless the installation is fully camouflaged or stealth.
(d)
Historically and culturally significant resources,
unless it can be demonstrated that an installation will not adversely
affect the historic resource and is fully reversible.
(e)
Existing single-family dwellings in residential
zones.
(f)
Designated conservation areas, including, but
not limited to, lands purchased through the Community Preservation
Fund.
(g)
Scenic corridors or viewsheds, unless the installation
is fully camouflaged or stealth.
(h)
Wetlands, both tidal and freshwater.
(3)
Determination or designation of opportunity sites
and avoidance areas shall be based on maps prepared by the Town of
Southampton and included in the Wireless Communications Master Plan,
as may be amended periodically.
(4)
Personal wireless service facilities may be permitted
in areas that are not considered opportunity sites as well as in avoidance
areas subject to site plan and special exception review and approval
of the Planning Board.
C.
AM array. For purposes of implementing this article, an AM array, consisting of one or more transmission support structures and supporting ground system which function as one AM broadcasting antenna, shall be considered one transmission support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the transmission support structures included in the AM array. Additional transmission support structures, not exceeding the height of the originally approved transmission support structures, may be added within the perimeter of the AM array without further special exception or site plan review, but are subject to the requirements of § 330-305.
A.
Principal or accessory use. Antennas and transmission
support structures may be considered either principal or accessory
uses. The Chief Building Inspector shall make such determinations
as appropriate.
B.
Lot size. For purposes of determining whether the
installation of a transmission support structure or antenna complies
with zoning regulations, including, but not limited to, setback requirements,
lot coverage requirements and other such requirements, the dimensions
of the entire lot shall govern even though the antennas or transmission
support structures may be located on leased parcels within such lot.
C.
Inventory of existing sites. Each applicant for an
antenna and/or transmission support structure, regardless of tier
classification, shall provide the Department of Land Management (Planning
Division) an inventory of existing transmission support structures,
antennas, or sites approved for towers or antennas that are either
located within the jurisdiction of the Town or within one mile of
the boundary thereof, including such specific information about the
location, height and design of each transmission support structure.
This information may be shared with other applicants applying for
administrative approvals or permits under this article or other organizations
seeking to locate antennas within the jurisdiction of the Town of
Southampton; provided, however, that the Town of Southampton is not,
by sharing such information, in any way representing or warranting
that such sites are available or suitable.
D.
State and federal requirements. All transmission support
structures must meet or exceed current standards and regulations of
the FAA, the FCC and any other authority charged with the regulation
of transmission support structures and antennas. If such standards
and regulations are changed, then the owners of the transmission support
structures and antennas governed by this article shall bring such
transmission support structures and antennas into compliance with
such revised standards and regulations within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure
to bring transmission support structures and antennas into compliance
with such revised standards and regulations shall constitute grounds
for the removal of the transmission support structure or antenna at
the owner's expense.
E.
Building permits required. Unless otherwise stated, all wireless communications facilities shall apply for and obtain a building permit prior to construction or installation and shall apply for and obtain a certificate of compliance upon completion of construction and/or installation. All applications for a building permit shall include certification that the structure and/or antenna complies with all applicable FCC and FAA regulations and all applicable state and/or local building codes. All building permit applications shall comply with the requirements of § 330-311.
F.
Building codes; safety standards. To ensure the structural
integrity of the transmission support structure, the owner of a transmission
support structure shall maintain the transmission support structure
in compliance with standards contained in applicable state and/or
local building codes (to include hurricane and tornado building standards),
as well as the applicable standards for transmission support structures
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Town concludes that a
transmission support structure fails to comply with such codes and
standards and constitutes a danger to persons or property, then, upon
notice being provided to the owner of the transmission support structure,
the owner shall have 30 days to bring such transmission support structure
into compliance with such standards. Failure to bring such transmission
support structure into compliance within said 30 days shall constitute
grounds for removal of the transmission support structure and/or antenna
at the owner's expense.
G.
Measurement. For purposes of measurement, transmission
support structure setbacks and separation distances shall be calculated
and applied to facilities located within the Town, irrespective of
municipal and county jurisdictional boundaries.
H.
Franchises. Owners and/or operators of transmission
support structures or antennas shall certify that any franchises required
by law for the construction and/or operation of the wireless communications
system in the Town of Southampton have been obtained and shall file
a copy of all required franchises with the Chief Building Inspector.
I.
Signs and NIER warning signs standards.
(1)
Signs. No commercial advertising shall be allowed on any antenna, antenna support structure, or related equipment cabinet or structure. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. Any permitted signage shall comply with the requirements of Article XXII, Signs, of this chapter the Town Code of the Town of Southampton. For the purpose of this section, prominent corporate logos shall be construed as commercial signage or advertising.
(2)
NIER warning signs. All wireless telecommunications
facilities shall comply with all federal guidelines regarding fencing
and NIER warning signs.
K.
Approval considered conforming use. Transmission support
structures that are constructed and antennas that are installed in
accordance with the provisions of this article shall be deemed to
be conforming uses. Approved antennas installed on nonconforming buildings
or structures shall not render such buildings or structures conforming.
L.
Any information of an engineering nature that the
applicant submits, whether civil, mechanical, structural or electrical,
shall be certified by a licensed professional engineer registered
in the State of New York.
M.
All utilities at a wireless telecommunications facilities
site shall be installed underground and in compliance with all local,
state, and federal laws, ordinances, rules, and regulations, including
specifically, but not limited to, the National Electrical Safety Code
and the National Electrical Code where appropriate.
A.
Transmission support structures and antennas erected by a governmental or quasi-governmental body, such as public safety or police operations, used exclusively for a governmental purpose are partially exempt from the provisions of this article, in that such applications shall comply with the building permit requirements of § 330-303E.
[Amended 6-24-2008 by L.L. No. 39-2008]
B.
The following are wholly exempt from the provisions
of this article:
(1)
Ordinary maintenance to wireless communications facilities, as defined in § 330-301. Major and minor modifications will require review pursuant to the applicable procedures outlined in this article.
(2)
Licensed amateur (ham) radio stations and citizen band stations, provided that any such transmission support structure, or the installation of any antenna, is consistent with the height requirement of § 330-84C, and is owned and operated by a federally licensed amateur radio station operator.
(3)
Satellite dish antennas for residential home entertainment
use with a diameter of six feet or less; satellite dish antennas for
commercial use or those in excess of one dish antenna are subject
to special exception review by the Planning Board.
(4)
Any antenna which is treated as exempt under 47 CFR
1.4000(a)(1), as it may be amended from time to time.
D.
In the event that a building permit is required for
any emergency maintenance, reconstruction, repair, replacement, or
installation of additional antennas, filing of the building permit
application shall not be required until 30 days after the completion
of such emergency activities. In the event a building permit is required
for nonemergency maintenance, reconstruction, repair, replacement,
or installation of additional antennas, filing of the building permit
application shall be required prior to the commencement of such nonemergency
activities.
E.
This section does not preclude other exemptions that
may apply under applicable law.
[Added 6-24-2008 by L.L. No. 39-2008]
A.
No wireless communications facility shall be permitted except in accordance with the provisions of this article and any applicable sections of Chapter 330, Zoning, of the Town Code of the Town of Southampton.
B.
All installations regardless of tier shall demonstrate compliance with the antenna standards of § 330-307 prior to the issuance of any approval.
C.
All construction and/or installation in connection with a wireless communications facility (infrastructure or antenna) regardless of tier shall comply with the building permit requirement of § 330-303E.
D.
Wireless communications facilities shall be classified
as follows:
(1)
Tier One. Applications that qualify for Tier One status are considered permitted uses and shall not be subject to site plan/special exception review by the Planning Board pursuant to § 330-122 and §§ 330-182 through 330-184. Tier One classification shall be limited to applications that meet the following:
(a)
The addition of up to six antennas to a legally
existing transmission support structure by any one service provider,
provided that:
[Amended 6-24-2008 by L.L. No. 39-2008]
[1]
Said antennas do not individually or collectively
extend the height of said structure by more than 10 feet; and
[2]
Said antennas do not require substantial or
major structural modification to the transmission support structure;
and
[3]
Said antennas do not cause interference with
any other antennas existing on the transmission support structure;
and
(b)
Structural modifications or reconstruction of
a legally existing transmission support structure, provided that said
modifications and reconstruction are in kind, with no increase in
the height or diameter of the transmission support structure. A reconstructed
transmission support structure shall not be relocated except to a
more conforming location that is within 50 feet of its existing location.
In the case where the Chief Building Inspector finds that the reconstruction
or modification involves a substantial change in the nature of the
existing use and therefore does not qualify for Tier One classification,
the application shall require special exception permission from the
Planning Board.
(c)
Switching out equipment, removal of existing
antennas and replacement with a different kind or type not to exceed
the amount permitted, and other minor modifications that do not change
the existing transmission support structure or base station.
(d)
Modification of/addition to an existing equipment cabinet provided all applicable setbacks are met, the addition does not exceed 25% of the size of the existing equipment cabinet, and all design standards of § 330-309 are met.
(e)
Construction of a new equipment shelter not associated with an antenna installation within an existing and approved base station area, provided the new shelter or cabinet does not exceed 300 square feet in total area and 10 feet in height. The construction of said shelter shall meet all required setbacks for accessory structures, be consistent in terms of design with other approved structures within the base station, and meet the standards of § 330-309.
(f)
Transmission support structure heights may not be incrementally extended per application beyond the initial 10 feet permitted pursuant to Subsection D(1)(a)[1] of this section. Any proposed extension to an existing transmission support structure beyond 10 feet shall require special exception review and approval.
(g)
Roof, side or interior antenna mounts on or
within an existing building or structure shall be subject to Tier
Two review requirements.
(2)
Tier Two. Applications that qualify for Tier Two status are considered permitted uses and shall not be subject to site plan/special exception review by the Planning Board pursuant to § 330-122 and §§ 330-182 through 330-184, unless specified herein. Prior to the issuance of a building permit, applications made pursuant to this section shall be referred to the Architectural Review/Design Review Board for review and approval based on the criteria listed herein. Tier Two classification shall be limited to applications that meet the location standards of § 330-302B, the standards of §§ 330-307 through 330-309, as well as the following:
(a)
Installation of antenna(s) on existing commercial buildings or structures with a certificate of occupancy for a commercial or industrial use, or the installation of antennas on or within a building or structure owned and maintained by the Town of Southampton, which do not increase the total height of the structure more than 10 feet but in any case do not exceed the maximum height requirements of the applicable zoning district; are not located on lands otherwise restricted by easements or covenants, including, but not limited to, open space, agricultural or Community Preservation Fund purchased lands; and meet the applicable standards of §§ 330-307 through 330-309. Antennas proposed for installation on or within existing buildings or structures located in a recognized or protected historical structure, area or district shall be subject to special exception review by the Planning Board.
[Amended 6-24-2008 by L.L. No. 39-2008]
(b)
The addition of antennas to existing utility poles (telephone poles, utility distribution poles, streetlights, traffic signal stanchions, etc.), transmission line towers, public water towers, or similar existing structures as determined by the Planning Division, provided such installation is found to meet the applicable standards of §§ 330-307 through 330-309.
(c)
The installation of antennas within an existing or proposed architectural feature on an existing building, such as a steeple, clock tower, cupola, bell tower, or similar, provided such installation and/or construction is found to meet the applicable standards of § 330-307.
(d)
New alternative transmission support structures (e.g., flagpoles) proposed for construction on Town-owned property (to include existing landscape islands on dedicated streets) or private property, provided that all the applicable standards of §§ 330-307 through 330-309 are met and flagpoles meet the restriction as defined in § 330-301. All other flagpoles shall be subject to special exception review.
[Amended 6-24-2008 by L.L. No. 39-2008]
(e)
Consolidations of two or more existing transmission support structures at the same location to a new single structure with associated antennas that represents a reduction of 25% in total height (AGL), provided such application is found to meet the applicable standards of §§ 330-307 through 330-309. All other consolidation applications shall require special exception review and approval by the Planning Board.
(f)
Standards. Any application for antenna installation on or within an existing commercial or public building or structure made pursuant to this section shall utilize camouflage or stealth techniques and retain the architectural features, materials and character of the building or structure. In its review of an application made pursuant to this section, the Architectural/Design Review Board (ARB/DRB) shall ensure the applicable visual compatibility standards of § 330-307 are met.
(g)
Remedy. Wireless communications facilities which
are denied by the Architectural/Design Review Board for failure to
meet the standards of this section shall require special exception
review and approval by the Planning Board.
(3)
Tier Three. Applications that qualify for Tier Three classification are considered permitted uses but shall be subject to site plan review by the Planning Board pursuant to the procedures of §§ 330-182 through 330-184, inclusive. The Planning Board shall consider whether a public hearing is necessary pursuant to § 330-184D. Tier Three classification shall be limited to applications that are found to meet the location standards of § 330-302B and the following:
(a)
The installation of more than six new antennas
to an existing transmission support structure by any one service provider,
with or without the construction of any additional base station equipment.
[Amended 6-24-2008 by L.L. No. 39-2008]
(b)
The construction of new transmission support
structures or alternative transmission support structures with antenna
installations proposed on properties zoned Highway Business (HB) or
Light Industrial (LI-40 or LI-200), that meet the following standards:
[1]
Any application for new transmission support
structures and antenna installation made pursuant to this section
shall utilize camouflage or stealth techniques.
[2]
The height of the new transmission support structure
including the antennas shall not project higher than 15 feet above
the average existing tree canopy height measured from ground level
(AGL).
[3]
If there is no surrounding vegetation, the height
of the new transmission support structure including the antennas shall
not project higher than 10 feet above the average existing/proposed
building height measured from ground level (AGL) within 660 feet of
the proposed facility; in any case not to exceed 50 feet.
(c)
The construction of new transmission support structures within street, utility and railroad rights-of-way in any zoning district (i.e., new utility poles, new utility distribution poles, new monopole, etc.) and mounting of antennas for wireless communications purposes, provided such construction and installation will not have a deleterious effect on the nature and character of the community and neighborhood, and the provisions of § 330-312 are met and the following standards are met:
[1]
The applicant has express written permission
from the entity responsible for the public street, utility and/or
railroad right-of-way to apply for installation of wireless communications
facilities in the proposed location, and has executed any necessary
franchise agreements to the satisfaction of the Town Attorney.
[2]
The right-of-way or street is not within a nominated
or designated scenic corridor or Historic Hamlet Heritage Area and
the transmission support structure and antennas will not be placed
so as to impact any viewshed important to the community.
[3]
The height of new freestanding transmission
or alternative transmission support structures within street, utility
and railroad rights-of-way, including the antennas shall not exceed
35 feet AGL. Any new transmission support structure proposed in excess
of this height requirement shall be subject to special exception review.
[4]
If the application involves the mounting of
antennas upon existing structures within street, utility or railroad
rights-of-way, the antennas shall not project higher than 10 feet
higher than the existing structure and shall be stealth or camouflaged
to match the existing structure.
[5]
The support equipment shall be installed in an existing building or in underground vaults, where possible. If an equipment shelter is proposed, it shall meet the standards of § 330-309.
[6]
Wireless communications facilities proposed
within street, utility and railroad rights-of-way that propose the
construction of a separate structure used solely for antennas shall
be subject to the zoning provisions applicable to the property abutting
the portion of right-of-way where the structure is proposed. In cases
where the abutting property on either side of the right-of-way has
different zoning, the more restrictive zoning provisions shall apply.
E.
Wireless communications facilities that do not meet the location standards of § 330-302B and/or the criteria for tier classification shall require special exception review and approval.
F.
Certain wireless facilities may be exempted from camouflage
requirements by the Planning Board when it can be demonstrated to
be of outstanding, unique and artistic architectural design.
A.
General. In granting a special exception use, the
Planning Board may impose conditions to the extent that the Planning
Board determines such conditions are reasonably necessary to minimize
any adverse impacts from the proposed transmission support structure
on adjoining properties. No wireless communications facility shall
be installed or constructed until the application is reviewed and
approved by the Planning Board.
B.
Presubmission conference. An applicant may be required
to submit an environmental assessment form and a visual addendum.
Based on the results of the assessment, including the visual addendum,
the Planning Board may require submission of a more detailed visual
analysis. The scope of the required environmental and visual assessment
will be reviewed at the preapplication meeting.
(1)
Prior to the submission of a special exception application for a transmission support structure or an alternative support structure that exceeds the thresholds of § 330-305, the applicant or his agent shall meet with the Planning Board through a presubmission conference. The purpose of such a conference shall be to discuss the proposed development in order for the Planning Board to determine conformity with the provisions and intent of this article.
(3)
The Planning Board shall schedule the presubmission
conference within 45 days from the date of request including the above
information or the applicant shall be permitted to submit the special
exception application to the Planning Board, in which case the Planning
Board may require said alternatives as part of the special exception
review.
C.
Factors considered in granting special exception permission.
In addition to the general requirements set forth in this article
and any general standards for consideration of special exception applications
set forth in this chapter, the Planning Board shall consider the following
factors in determining whether to issue special exception permission:
(1)
Height of the proposed transmission support structure.
(2)
Proximity of the transmission support structure to
residential structures and residential district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the transmission support structure, with
particular reference to design characteristics that have the effect
of reducing or eliminating visual obtrusiveness and other potential
environmental impacts.
(7)
Proposed ingress and egress.
(8)
Availability of suitable existing transmission support
structures and antennas and other structures, or alternative technologies
not requiring the use of transmission support structures.
(9)
No new transmission support structure or antenna shall
be permitted unless the applicant demonstrates, to the reasonable
satisfaction of the Planning Board, that no existing transmission
support structure, alternative transmission support structure, or
alternative technology can accommodate the applicant's proposed purpose.
An applicant shall submit information requested by the Planning Board
related to the availability of suitable existing transmission support
structures, other structures or alternative technology. Evidence submitted
to demonstrate that no existing transmission support structure or
alternative technology can accommodate the applicant's proposed antenna
may consist of any of the following:
(a)
No existing transmission support structures
or structures are located within the geographic area, which meet applicant's
engineering requirements.
(b)
Existing transmission support structures or
structures are not of sufficient height to meet the applicant's engineering
requirements.
(c)
Existing transmission support structures do
not have sufficient structural strength to support the co-location
of the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on existing transmission
support structures or structures, or the antenna on the existing transmission
support structure or structure would cause interference with the applicant's
proposed antenna.
(e)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(f)
The applicant demonstrates that an alternative
technology that does not require the use of transmission support structures
of structures is unsuitable. Costs of alternative technology that
exceed new transmission support structure or antenna development shall
not be presumed to render the technology unsuitable.
A.
All wireless telecommunications facilities shall be
subject to the following visual compatibility standards in addition
to any other applicable standards:
(1)
Existing alternative transmission support structure.
(a)
When located on existing alternative transmission
support structures, the placement of the antenna on the structure
should reflect the following order of priority in order to minimize
visual impact:
[1]
A location as close as possible to the center
of the structure; or
[2]
Along the outer edges or side-mounted, provided,
that in this instance, additional means such as screens should be
considered and may be required by the approving authority on a case-by-case
basis; and
[3]
When located on the outer edge or side-mounted,
be placed on the portion of the structure less likely to be seen from
adjacent lands containing, in descending order of priority: existing
residences, public parks and open spaces, and public roadways.
(b)
Commercial flags or advertising shall not be
permitted on flagpole installations.
(2)
Structure mount, height. The height of any freestanding
alternative transmission support structure including antennas shall
not project higher than 35 feet above ground level (AGL), and flagpoles
shall not have a diameter greater than 20 inches. All other applications
shall be subject to special exception review by the Planning Board.
(3)
Roof and interior mount. The following standards shall
apply:
(a)
Facilities mounted on a roof or within an interior
shall be stepped back from the front facade in order to limit their
impact on the building's silhouette and architectural design.
(b)
On commercial or public buildings which exceed
the height limitations of the zoning district (nonconforming), the
antenna array or mount shall not extend higher than the existing height
of said building.
(c)
Antenna(s) shall not extend more than 10 feet
vertically above the uppermost portion of the building to which it
is mounted or attached. When an antenna extends above the roof height
of a conforming building on which it is mounted, every effort shall
be made to conceal the facility within or behind existing or proposed
architectural features to limit its visibility from public ways or
other sensitive receptors.
(d)
When an architectural feature (i.e., steeple,
cupola, etc.) is proposed to conceal the antenna facility on a rooftop,
said feature shall be found to be appropriate for and compatible with
the architecture and style of the building on which it is placed.
(e)
Roof mounts on buildings shall have railings
to protect workers and notices shall be posted to warn of radio frequency
radiation.
(4)
Side mount. Antennas which are side-mounted shall
not project more than 24 inches horizontally from the face of the
mounting structure, shall blend with the existing building's architecture,
and shall be painted or shielded with color or material that is consistent
with the design features and materials of the building. Any wiring
or cables associated with a side mount installation shall not be conspicuous
on the building.
(5)
An antenna proposed to be affixed to an existing or
proposed transmission support structure shall be grey, silver, light
blue or other color found to blend with the color of the transmission
support structure.
B.
Color.
(1)
Except as specifically required by the Federal Aviation
Administration (FAA) or the Federal Communications Commission (FCC),
the following standards shall apply:
(a)
Transmission support structures, alternative
transmission support structures and antennas shall use nonreflective
colors such as gray, silver or light blue which reduce their visual
impacts when they extend above the height of vegetation.
(b)
Antennas which are side- and/or roof-mounted
on buildings shall be painted or constructed of materials to match
the color of the building material directly behind them.
(c)
The Planning Board and Architectural Review/Design
Review Board may require the use of other colors or materials in order
to achieve a reduced visual impact and further the goals of this article.
C.
The reviewing board shall ensure that a specific type
of stealth installation is not over-utilized or concentrated in any
one area or property so as to defeat the purpose of concealing antenna
arrays by appearing unnatural or inconsistent with the surrounding
landscape. This shall be accomplished by requiring the applicant to
submit documentation of where the proposed stealth or camouflage technique
is used elsewhere in the Town and within a one-mile boundary of neighboring
jurisdictions.
A.
To the extent that there is no conflict with the color
and lighting requirements of the Federal Aviation Administration for
aircraft safety purposes, transmission support structures and alternative
transmission support structures shall be designed to blend with existing
surroundings to the extent feasible. This should be achieved through
the use of compatible colors and materials, and alternative site placement
to allow the use of topography, existing vegetation or other structures
to screen the proposed transmission support structure from adjacent
lands containing, in descending order of priority: existing residences,
public parks and open spaces, and public roadways.
B.
Landscaping. Wireless communications facilities that
are not stealth or camouflaged from public viewing areas by existing
buildings or structures shall be surrounded by buffers of dense tree
growth and understory vegetation in all directions to create an effective
year-round visual buffer.
(1)
The following requirements shall govern the landscaping
surrounding transmission support structures:
(a)
The standard buffer shall consist of a landscape
strip at least 25 feet wide outside the perimeter of the base station/compound.
(b)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as transmission support structures sited on large,
wooded lots, natural growth around the property perimeter may form
a sufficient buffer.
(c)
Climbing evergreen shrubs or vines capable of
growing on the fence of the base station or compound shall supplement
any landscaping required.
(d)
Any proposed planting plan shall consist of
a mix of species so as to discourage monoculture plantings. To the
extent practicable, native and drought-tolerant species shall be utilized.
(e)
The Planning Board may increase or reduce the
aforementioned landscaping requirements based on site conditions.
Reduction of landscape requirements may only be considered when it
is demonstrated that no significant adverse impact to the surrounding
properties will occur and the goals of this article can be achieved.
(2)
Landscaping installation and maintenance. The applicant
shall be required to install and maintain landscaping. A two-year
landscape maintenance bond shall be required to be posted prior to
the issuance of a certificate of compliance for the wireless facility.
C.
Fencing.
(1)
All wireless telecommunications facilities shall comply
with all federal guidelines regarding fencing and NIER warning signs.
(2)
Security fences. Transmission support structures shall
be enclosed by security fencing not less than six feet in height and
shall also be equipped with an appropriate anticlimbing device; provided
however, that the Planning Board may waive such requirements, as it
deems appropriate.
(3)
Wood or vinyl slats shall be woven into the security
fence if made of chain-link material when the Planning Board finds
that such additional screening is appropriate.
D.
Access. Regardless of location, any road or access
used to a new wireless communications facility is required to be assessed
for stormwater and erosion by a licensed professional engineer. Once
the Planning Board and/or Town Engineer has the opportunity to review
the assessment, if it or he believes there is the potential for erosion
and/or stormwater drainage issues exist, the Planning Board has the
authority to require a plan to mitigate the potential impacts.
E.
Lighting.
(1)
Except as specifically required by the Federal Aviation
Administration (FAA) or the Federal Communications Commission (FCC),
transmission support structures, alternative transmission support
structures and antennas shall not be illuminated, except equipment
shelters may use limited lighting for security reasons, provided the
lighting source is dark-sky compliant with full cutoff fixtures that
prohibit light trespass to adjoining properties and streets.
(2)
The Planning Board and/or the Architectural Review
Board/Design Review Board may require a lighting plan for review and
approval.
F.
Signage. Wireless telecommunications facilities shall
contain a sign no larger than four square feet in order to provide
adequate notification to persons in the immediate area of the presence
of an antenna that has radio frequency or microwave transmission capabilities
and shall contain the name(s) of the owners(s) and operator(s) of
the antenna(s) as well as emergency phone number(s). The sign shall
be on the equipment shelter or cabinet of the applicant and be visible
from the access point of the site and must identify the equipment
owner of the shelter or cabinet. The sign shall not be lighted, unless
lighting is required by applicable law, rule or regulation. No other
signage, including advertising, shall be permitted.
G.
Setbacks. The following minimum setback requirements
shall apply to all transmission support structures and antennas:
(1)
Transmission support structures must be set back a
distance equal to at least 100% of the height of the structure from
any adjoining lot line.
(2)
All accessory buildings or structures must satisfy
the minimum zoning district setback requirements.
(3)
The Planning Board may reduce the aforementioned setbacks,
provided that no existing or future residence is or can be located
within proximity of such setback, no significant adverse impact to
the surrounding properties will occur and the goals of this article
can be achieved.
H.
Additional transmission support structure requirements.
(1)
The use of guyed towers is prohibited. Proposed transmission
support structures shall be self-supporting without the use of wires,
cables, beams, or other means, unless specifically found to achieve
the goals of this article. Permanent platforms or structures exclusive
of antennas that serve to increase off-site visibility are prohibited.
(2)
The base of any transmission support structure shall
occupy no more than 500 square feet, and no portion of the transmission
support structure (tower, monopole, etc.) shall be larger than the
base.
I.
Separation/fall zone. The following separation requirements
shall apply to all transmission support structures and antennas:
(1)
Separation from off-site uses/designated areas.
(a)
Transmission support structure separation shall
be measured from the base of the transmission support structure to
the lot line of the off-site uses and/or designated areas as specified
in Table 1, except as otherwise provided in Table 1.
(b)
Separation requirements for transmission support
structures shall comply with the minimum standards established in
Table 1.
(c)
The Planning Board may reduce the aforementioned
separation requirements, provided no significant adverse impact to
the surrounding properties will occur and the goals of this article
can be achieved.
|
Table 1
| |
|---|---|
|
Separation Distances From Off-Site Uses
| |
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Single-family or two-family residential units
|
200 feet or 300% height of transmission support
structure, whichever is greater
|
|
Vacant single-family residentially zoned land
which has received final subdivision approval or has preliminary subdivision
plan approval which is not expired
|
200 feet or 300% height of transmission support
structure, whichever is greater
|
|
Vacant unplatted residentially zoned lands
|
100 feet or 100% height of transmission support
structure, whichever is greater
|
|
Existing multifamily residential housing greater
than two units
|
200 feet or 300% height of transmission support
structure, whichever is greater
|
|
Nonresidentially zoned lands or nonresidential
uses
|
See § 330-308G
|
(2)
Separation distances between transmission support
structures.
(a)
Separation distances between transmission support
structures shall be applicable for and measured between the proposed
transmission support structure and preexisting transmission support
structures. The separation distances shall be measured by drawing
or following a straight line between the base of the existing transmission
support structure and proposed base, pursuant to a site plan, of the
proposed transmission support structure. The separation distances
shall be as shown in Table 2.
(b)
The Planning Board may reduce the aforementioned
separation requirements, provided that no significant adverse impact
to the surrounding properties will occur and the goals of this article
can be achieved.
|
Table 2
| |||
|---|---|---|---|
|
Separation Distances Between Existing
and Proposed Transmission Support Structure Types
| |||
|
Transmission Support Structure Type
|
Lattice or Existing Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
|
|
Lattice
|
5,280 feet (1 mile)
|
2,640 feet (.50 mile)
|
660 feet (.125 mile)
|
|
Monopole 75 Feet in Height or Greater
|
2,640 feet (.50 mile)
|
1,320 feet (.25 mile)
|
660 feet (.125 mile)
|
|
Monopole Less Than 75 Feet in Height
|
750 feet (.142 mile)
|
750 feet (.142 mile)
|
Zoning district setbacks apply
|
A.
Equipment shelters for wireless communications facilities
shall be designed consistent with one of the following design standards:
(1)
Equipment shelters shall be located in underground
vaults; or
(2)
Equipment shelters shall be designed consistent with
traditional Southampton architectural style and materials, consisting
of a roof pitch of at least 10/12 and wood clapboard or shingle siding
or a composite equivalent; or
(3)
Equipment shelters shall be camouflaged behind an
effective year-round landscape buffer, equal to the height of the
proposed shelter, and/or wooden fence. The Planning Board shall determine
the style of fencing and/or landscape buffer that is compatible with
the neighborhood.
(4)
The related unmanned equipment cabinet or structure
for each provider shall not exceed 10 feet in height or a total of
500 square feet of gross floor area when located on the roof of a
building, or shall not exceed 12 feet in height or a total of 750
square feet of gross floor area when located on the ground.
(5)
The Planning Board may require several proposed equipment
cabinets to be condensed into a single structure with multiple secure
entrance points, if feasible and warranted due to site constraints
or aesthetics on a property.
(6)
Any lighting proposed for equipment shelters shall be consistent with the requirements of § 330-308E. The Planning Board shall encourage the use of motion sensor lighting on equipment shelters, where appropriate.
(7)
The Planning Board may modify the aforementioned requirements,
provided that no significant adverse impact to the surrounding properties
will occur and the goals of this article can be achieved.
A.
The mounting of antennas upon existing structures, such as light and utility poles, located within publicly or privately maintained street, utility and railroad rights-of-way shall be reviewed for zoning purposes pursuant to § 330-306 or 330-308, as applicable. However, this authorization shall not be construed as granting a right to use any property without the permission of the property owner, or as granting any right to use the public rights-of-way or any facilities therein. Such use may be authorized by the Town, where applicable, by means of a ground lease or site lease, or by such other legal instrument as the Town may from time to time require. The Town reserves all its rights under applicable law with respect to use of the public rights-of-way and other Town property.
B.
The placement of antennas on existing or replacement
structures within street, utility or railroad rights-of-way is the
preferred alternative in residential neighborhoods, and the feasibility
of such placement shall be considered by the Town whenever evaluating
a proposal for a new transmission support structure.
C.
When applying for construction or installation on
Town-owned properties, the applicant shall obtain written notice from
the Town of Southampton's Division of Management Services to verify
that the Town land, building, or facility sought for use is available
for lease, and shall indicate the lease area prior to application
review. All requirements within the Town's lease agreement shall be
met prior to the issuance of a building permit.
A.
In addition to any other building permit application
requirements, a building permit application for any wireless communications
facility shall also include:
(1)
A site plan which shows existing and proposed transmission
support structures and all related equipment and equipment shelters,
including, but not limited to, warning signs, lighting, fencing and
access restrictions;
(2)
A description of the proposed transmission support
structure(s), including details and elevations showing height above
grade, materials, color and lighting; and
(3)
A report by a registered professional civil or structural
engineer licensed in the State of New York demonstrating compliance
with applicable structural standards and describing the general structural
capacity of any proposed transmission support structure(s), including
the total number and type of antennas that can be structurally accommodated
(potential for co-location);
B.
Planning Board requirements for Tier Three site plan applications and all special exception applications. In addition to all site plan requirements listed in § 330-183, and the information listed in Subsection A above, an application for any wireless communications facility which is subject to site plan and special exception application procedures shall also include:
(1)
The name and address of the operator(s) of proposed
and existing antennas on the site;
(2)
The height of any proposed antennas;
(3)
A sworn affidavit statement from a qualified professional
with bona fide experience in acoustics or radio frequency (resume
with qualifications required to accompany statement) or a registered
engineer licensed by the State of New York to include:
(a)
The calculated NIER levels attributable to the
proposed antennas at points along the property line and other areas
off-site which are higher than the property line points, as well as
calculated power density (NIER levels) in areas that are expected
to be unfenced on site; and
(b)
A certification that, as proposed, the wireless
facility complies with all applicable FCC guidelines concerning radio
frequency radiation and NIER standards.
(4)
A site plan drawn to a minimum scale of one inch equals 40 feet, indicating the location, type and height of the proposed transmission support structure, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Comprehensive Plan classification of the site and all properties and uses within the applicable separation distances set forth in § 330-308I(1); all adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed transmission support structure and any other structures, topography, parking and other information deemed by the Planning Board to be necessary to assess compliance with this article.
(5)
The legal description of the parent tract and leased
parcel (if applicable).
(6)
The setback distance between the proposed transmission
support structure and the nearest residential unit, platted residentially
zoned properties in an approved plot plan and unplatted residentially
zoned properties.
(7)
The separation distance from other transmission support structures described in the inventory of existing sites submitted pursuant to § 330-308I(2) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing transmission support structures and the owner/operator of the existing transmission support structures, if known.
(8)
A landscape plan showing specific landscape materials.
(9)
Method of fencing, finished color and, if applicable,
the method of camouflage and illumination.
(10)
A description of compliance with all applicable
sections of this article and all applicable federal, state or local
laws.
(11)
A notarized statement by the applicant's engineering
consultant as to whether construction of the transmission support
structure will structurally accommodate co-location of additional
antennas for future users, and an approximation of how many antennas
may be co-located.
(12)
Identification of the entities providing the
backhaul network for the transmission support structure(s) described
in the application and other sites owned or operated by the applicant
in the municipality.
(13)
A description of the suitability of the use
of existing transmission support structures, other structures or alternative
technology not requiring the use of transmission support structures
or structures to provide the services to be provided through the use
of the proposed new transmission support structure.
(14)
A description of the feasible locations of future
transmission support structures or antennas within the Town based
upon existing physical, engineering, technological or geographical
limitations in the event that the proposed transmission support structure
is erected.
C.
Application fees shall be set according to fee schedules
issued from time to time by the Town Board of the Town of Southampton.
D.
Technical evaluation. The Planning Board may retain the services of a registered professional engineer accredited by the State of New York or other technical expert that can provide technical evaluation of permit applications for proposed wireless communications facilities. The Planning Board is authorized to charge the applicant for these services pursuant to § 330-183B(4).
A.
Wireless communications installations on or within
historic structures shall avoid unnecessary replacement of any historic
building feature or substitution of modern materials for historic
ones.
B.
In its review of a special exception application for
installation of antennas camouflaged or concealed within an historic
structure, or placed within a Hamlet Heritage Area or Historic District,
the Planning Board shall refer said application to the landmarks and
Historic Districts Board for review and recommendation.
C.
The applicant shall utilize the Secretary of the Interior's
Standards for Rehabilitation (Department of Interior Regulations,
36 CFR 67) for guidance on retaining the integrity of historic buildings
or structures; and shall demonstrate compliance with said standards
to the satisfaction of the Planning Board.
D.
Any wireless installation within a Hamlet Heritage
Area or Historic District shall be camouflaged or stealth so as not
to impede or impair the significance of the historic setting.
A.
Interference. Permit applications for all wireless
communications facilities shall include a statement signed by a licensed
professional electrical engineer or qualified professional radio frequency
engineer that the proposed communication facility meets all federal
interference rules and regulations.
B.
NIER exposure. A communication facility, by itself
or in combination with others, shall not expose the public to NIER
that exceeds the electric or magnetic field strength, or the power
density, for the frequency ranges and durations described in 47 CFR
1.1310 or any other applicable federal law or regulation. A statement
signed by a licensed professional electrical engineer or qualified
professional radio frequency engineer shall be submitted that states
that the proposed communications facilities meet all federal NIER
rules, regulations and standards.
C.
Shock and burn. All communications facilities shall
comply with 47 CFR 1.1310.
A.
After the wireless telecommunications facility is
operational, the applicant shall submit within 90 days of the issuance
of a certificate of compliance and at annual intervals, the existing
measurement of RFR from the wireless telecommunications facilities.
Such measurements shall be signed and certified by an RF engineer,
stating that the RFR measurements are accurate and meet FCC guidelines
as specified in the radiofrequency standards section.
B.
Noise measurements. Facilities with mechanical ventilation,
power generators or other proposed sources of noise, or when required
by the Planning Board, shall submit within 90 days of the issuance
of a certificate of compliance, and at annual intervals, the existing
measurements of noise from the wireless communications facility. Such
measurement shall be signed by a professional acoustical engineer,
stating that noise measurements are accurate and meet the noise standards
of the Town Code of the Town of Southampton.[1]
[1]
Editor's Note: See Ch.. 235, Noise.
C.
The applicant and/or owner shall maintain the wireless
communications facility in good condition. Such maintenance shall
include, but shall not be limited to, painting, structural integrity
of the mount and security barrier, and maintenance of the buffer areas
and landscaping.
D.
The owner or operator of a wireless communications
facility shall provide for and conduct an inspection of mounts at
least once every five years. A report issued by a New York State licensed
professional engineer shall be provided to the Town of Southampton
Planning Department verifying compliance with previous approvals and
the Town Code.
E.
NIER enforcement. The Chief Building Inspector or
the Public Safety Administrator shall have the authority to take any
necessary steps to seek FCC enforcement of the relevant standards,
or, to the extent consistent with applicable law and FCC regulations,
to take such other steps as may be appropriate to rectify such a violation.
F.
All permits granted under this article shall be subject
to renewal by the applicant at ten-year intervals. At such time, the
Planning Board shall determine whether the technology in the provision
of a wireless communications facility has changed such that the necessity
for the permit at the time of its approval has been eliminated or
modified, and whether the permit should be modified or terminated
as a result of any such change.
A.
An antenna shall be removed from a transmission support
structure or alternative transmission support structure at the owner's
sole cost within 180 days after the antenna is no longer operational
unless the owner of the antenna can show to the Town's satisfaction
that the antenna is likely to be used again within the next six months.
A transmission support structure for wireless communications facilities
shall be removed within one year of the date the last antenna is removed.
Antennas or transmission support structures that are not removed within
the time frames described herein may be removed by the Town or a contractor
designated by the Town, and the owner of the antenna or transmission
support structure shall reimburse the Town for its costs in removing
the antenna or transmission support structure.
B.
If there are two or more users of a single transmission
support structure, then this provision shall not become effective
until all users cease using the transmission support structure.
C.
Nothing herein prevents a landlord from removing antennas
of tenants which are in default under the terms of a lease agreement.
A.
Preexisting transmission support structures and antennas,
for which a permit has been issued prior to the effective date of
this article, may continue in use for the purpose now used and as
now existing, subject to the conditions of that permit. Preexisting
transmission support structures and antennas may not be replaced,
structurally altered, or added to without complying in all respects
with this article. The issuance of permit renewals or other new permits
for such facilities shall be in accordance with the provisions of
this article. Preexisting transmission support structures and antennas
without the proper permits shall be considered out of compliance with
this article.
B.
Any wireless service provider with at least one preexisting
transmission support structure or antenna in the Town of Southampton
that is out of compliance with the building and zoning requirements
in the Town Code, prior to the adoption of this article, shall not
be eligible for any new approvals until the preexisting transmission
support structure or antenna is brought into compliance with this
article.
C.
Until all required permits are secured, no issuance
of any new permit shall occur for a request to co-locate, attach,
or share an existing transmission support structure, when such existing
facility is found to have one or more antennas or mounts without permits.
D.
Any application by a wireless service provider shall
be deemed incomplete, if that provider has a preexisting transmission
support structure in the Town on which there is any antenna or mount
without permits, and said application shall not be processed until
that facility is brought into compliance with this article.
A.
Violations. Where a violation of this article has
been committed or shall exist, the owner and the agent or contractor
of the wireless communications facility where such violation has been
committed or shall exist, the lessee or tenant of the part of or of
the entire wireless communications facility where such violation has
been committed or shall exist, and the agent, contractor, or any other
person who takes part or assists in such violation or who maintains
any wireless communications facility in which any such violation shall
exist shall be guilty of a violation of this article.
B.
Criminal penalties. A violation of this article is
hereby declared to be an offense, punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine of not less than $500 nor more than $1,500 or imprisonment
for a period not to exceed six months, or both; and, upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine of not less than $1,500
nor more than $2,500 or imprisonment for a period not to exceed six
months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers in general, violations of this article
shall be deemed misdemeanors, and, for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
C.
Administrative penalty.
(1)
In addition to other remedy available, where a person
has been found guilty of a violation of this article after trial or
a plea of guilty, and the Building Inspector determines that the violation
continues to exist 30 days after such conviction, the Building Inspector
shall certify the violation in writing to all other local agencies
responsible for the issuance of approvals and permits under this article.
A copy of the certification shall be mailed to the owner of the property
as listed on the most recent assessment roll on file in the Tax Assessor's
office. However, failure to notify the property owner shall not have
any effect on the validity of the certification.
(2)
The certification shall include the location of the
property by Suffolk County Tax Map number, the name of the individual
or entity convicted of the violation and his or her relationship to
the property and the nature of the violation.
(3)
After receipt of the certification, no local board
or agency shall accept, determine to be complete or otherwise process
a new application or issue any approval with respect to a pending
application under this article for the subject property.
(4)
Until the violation identified in the certification
has been removed or corrected or the Building Inspector has determined
that the illegality no longer exists by virtue of a valid approval
having been obtained to permit the structure or use that was certified
as a violation, any time periods contained in the Town Law or in this
article for action on an application shall be tolled for all purposes.
(5)
This subsection shall not apply to an application
brought to the appropriate local agency for an interpretation, variance,
special exception or change of zone to permit the structure or use
which is the subject of the certification.
(6)
After the violation has been removed or corrected
or no longer exists by virtue of a valid approval having been obtained
to permit the structure or use that was certified as a violation,
the Building Inspector shall immediately rescind the certification
and notify all boards and agencies that received the certification,
in writing, that administrative review of applications on the property
may be resumed.
D.
In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance
or use; to restrain, correct or abate such violation; or to prevent
any illegal act, conduct, business or use in or about such premises.
